Future Visa Options for International Students
If you are an international student who wishes to remain in Australia after completing your course, the recent and proposed changes in the General Skilled Migration Scheme (“GSM”) by the Department of Immigration and Citizenship (“DIAC”) are quite alarming. The changes added further complexity to the already very complex system. Although these changes are made in the hope of reducing the current backlog and to streamline the application assessment process, these changes certainly do not appear to be favourable to the prospective applicants who are already in Australia.
In particular, on July 2010, a new Skilled Occupation List (“SOL”) was introduced dramatically reducing the number of occupations from 408 occupations down to approximately 180. In theory, the new list applies to all GSM applicants from the date of commencement of this list on 1 July 2010. Therefore it is likely that the occupation “closely related” to your course – which you started a few years ago with the view to apply for a GSM visa – is no longer in the new SOL. Then, what are you going to do after you finish your course? Of Course, you can go back home with your brilliant Australian academic qualification. There should be a bright future there for you, too – but before booking start planning a big farewell party and texting your boyfriend/girlfriend saying you are leaving the country, or start looking for a cheap airline ticket on the web and start thinking about how you can pack up your luggage, you should have a look at the other visa options to remain in Australia.
Applying for Subclass 485 (Skilled – Graduate (Temporary)) visa
Firstly, you might want have a look at whether you qualify for the “transitional arrangement”. After all, you may not be out of GSM scheme at all. This “transitional arrangement” applies to the applicants who apply for Subclass 485 (Skilled – Graduate (Temporary)) visa, who held a student visa in subclassed 572, 573 and 574 on 8 February 2010. This means that you may be able to apply for a Subclass 485 visa and remain in Austraila, if your nominated occupation is on the old SOL (now called Schedule 2 SOL).
Once it is granted, a Subclass 485 visa allows you to remain in Australia for 18 months. Additionally, the assessment period for this visa is currently approximately 12-15 months. As you know, once you lodge an onshore visa application, you will be on a Bridging Visa A as soon as your student visa expires. Bridging Visa A generally entitles you to fulltime work entitlement. This means you will have further 2-2.5 years to gain skilled work experience.
Also, a holder of this visa can apply for permanent residence at any time if you are able to meet the passmark on the GSM points test, provided at the time of the application your nominated occupation is on the SOL that is effective at the time. Even if your nominated occupation never gets to be in the SOL, in effect, you can earn more time to find and obtain an employment, or further study to put you in a better position in your future visa application. There are number of employer sponsored temporary and permanent visas are available for those who found an employer who is willing to sponsor your visa.
But, what if you have already applied for a Subclass 485 visa before 1 July 2010 and the nominated occupation is no longer on the new SOL? You have spent some years gaining work experience and now ready to apply for one of the GSM permanent visa, but now the new SOL does not include your nominated occupation anymore! Don’t worry, you may still be able to apply for a permanent GSM visa as you initially planned. This “transitional arrangement” also applies to those who are already holding Subclass 485 as of 8 February 2010 or have applied for Subclass 485 and was waiting for the DIAC’s assessment as of 8 February 2010. They can apply for a Subclasses 885 (Skilled-Independent), 886 (Skilled-Sponsored) or Subclass 487 (Skilled-Regional Sponsored (Provisional)) visas with the nominated occupation on the old SOL (Schedule 2 SOL).
Other visa options?
OK, then what if your course does not closely relate to the occupations listed in the new SOL and you do not qualify for the transitional arrangement? There are still number of visa options that enable you to continue staying in Australia. The best options are the employer sponsored options. Therefore it is important to start your job hunting early. Your migration lawyer can find the best visa option for you. In any case, it is important that you don’t leave it until the last minute.
If you have a particular concern about your future visa application, or just simply not sure about it, for a personalised visa option advice contact:
| Carlos Turini Migration Agent (MARN 1069474) Telephone: +61 2 6206 1300 Email: cturini@elringtons.com.au Facsimilie: +61 2 6229 9233 |
Nanae Yoshiwara Migration Agent (MARN 0964316) Telephone: +61 2 6206 1300 Email: nyoshiwara@elringtons.com.au Facsimilie: +61 2 6229 9233 |
See:
Migration Agent Registration Authority (MARA) – Code of Conduct
